Title and commencement

1. This Order, which amongst other provisions implements Council Directive 92/102/EEC on the identification and registration of animals(2) so far as that directive relates to sheep and goats, may be cited as the Sheep and Goats (Records, Identification and Movement) Order 1996 and shall come into force-

(a)for the purposes of all articles other than articles 3, 4, 6, 7, 8, 9, 10 and 13 on 1st February 1996; and

(b)for the purposes of articles 3, 4, 6, 7, 8, 9, 10 and 13 on 1st March 1996.

Interpretation

2.-(1) In this Order-

"holding" means any establishment, construction or, in the case of an open air farm, any place in which animals are held, kept or handled, but does not include a border inspection post specified for the purposes of importing live animals from outside the European Union;

"identification mark" means the identification mark applied to an animal in accordance with this Order;

"keeper" means any natural or legal person having care and control of animals, even on a temporary basis.

(2) Any reference in this Order to a Community instrument is a reference to that instrument as amended at the time of coming into force of this Order.

Notification of holdings where sheep or goats are kept

3.-(1) Within three months of the coming into force of this article, or within three months of beginning to keep either sheep or goats on a holding, it shall be the duty of any person keeping sheep or goats on a holding to notify the appropriate authority in writing of-

(a)the address of the holding;

(b)the name and address of the occupier of the holding; and

(c)the species of animals (including species other than sheep or goats) which are usually kept on the holding.

(2) A person keeping sheep or goats shall give written notification to the appropriate authority of any change in the particulars specified in paragraph (1) above within one month of such change.

(3) On receiving notification under this article, the appropriate authority shall allocate to the keeper of the sheep or goats a flockmark in the case of sheep, or a herdmark in the case of goats.

(4) In this article "appropriate authority" means, in relation to England and Wales the Minister of Agriculture, Fisheries and Food and in Scotland the Secretary of State.

Records concerning sheep

4.-(1) Any person keeping sheep on a holding shall record, on or before 31st January in each year, the number of sheep on that holding on 1st January of that year.

(2) Within 36 hours of sheep being deliberately moved on or off a holding, the keeper of such sheep shall record-

(a)the date of movement;

(b)the identification mark (or, in the case of a person receiving sheep directly from a market, or a person keeping a record at a market, the lot number allocated at the market) of each of the sheep moved;

(c)the total number of sheep moved;

(d)the holding of birth of each of the sheep (if known); and

(e)either-

(i)the holding from which the sheep have been brought, if they are moved on to the holding, or

(ii)the holding to which the sheep are moved if they are moved off the holding.

(3) In the case of sheep being sold without being moved on or off a holding, the vendor shall record, within 36 hours of the sale-

(a)the date of sale;

(b)the number of animals sold;

(c)the name and address of the purchaser; and

(d)the identification mark of each of the sheep.

(4) All records under this article shall be retained by the person making the record for a period of three years.

Additional records for specified sheepmeat producers

5.-(1) In addition to the records required under the preceding article, a keeper who is a sheepmeat producer for the purposes of Council Regulation 3493/90/EEC (laying down general rules for the grant of premium to sheepmeat and goatmeat producers))(3) shall keep the records specified in this article.

(2) On or before 14th February 1996, the keeper shall record the total number of female sheep on the holding on 1st February 1996 which either were over 12 months old or had given birth, and the date the entry was made.

(3) On or before 31st January 1997, and on or before 31st January in each subsequent year, the keeper shall record the total number of female sheep on the holding on 1st January of that year which either were over 12 months old or had given birth, and the date the entry was made.

(4) Within fourteen days of any of the following events-

(a)the deliberate movement on or off the holding of female sheep which were either over 12 months old or which had given birth;

(b)a female sheep which has not given birth reaching the age of 12 months;

(c)a female sheep under 12 months old giving birth;

(d)the discovery that a female sheep which was either over 12 months old or which had given birth has been lost from the holding, either because it has died or because it is missing from the holding,

the keeper shall record the total number of female sheep on the holding which have given birth or which are over 12 months old, the date of the entry and the reasons that the total number of such sheep on the holding has changed.

(5) All records under this article shall be retained by the person making the record for a period of four years.

Records concerning goats

6.-(1) Any person keeping goats on a holding shall record, on or before 31st January each year, the number of goats on that holding on 1st January of that year.

(2) Within 36 hours of goats being deliberately moved on or off a holding, the keeper shall record-

(a)the date of movement;

(b)the identification mark (or, in the case of a person receiving goats directly from a market, or a person keeping a record at a market, the lot number allocated at the market) of each of the goats moved;

(c)the total number of goats moved;

(d)the holding of birth (if known); and

(e)either-

(i)the holding from which the goats have been brought, if they are moved on to the holding, or

(ii)the holding to which the goats are moved if they are moved off the holding.

(3) In the case of goats being sold without being moved on or off a holding, the vendor shall record, within 36 hours of the sale-

(a)the date of sale;

(b)the number of animals sold;

(c)the name and address of the purchaser; and

(d)the identification mark of each of the goats.

(4) All records under this article shall be retained by the person making the record for a period of three years.

Consignment of sheep and goats outside Great Britain

7. No person shall consign any sheep or goat for transport outside Great Britain unless it is marked with an eartag or tattoo which-

(a)is designed so as to be legible for the life of the animal; and

(b)shows, in the following order-

(i)the letters "UK";

(ii)the flockmark or herdmark of the consignor;

(iii)in the case of an eartag only, either the letter "G", the letter "P"or the letter "S";

(iv)the individual identification number of the animal as shown by the health certificate accompanying the animal in accordance with article 9 and Annex E of Council Directive 91/68/EEC (on animal health conditions governing intra-Community trade in ovine and caprine animals)(4), unless the animal already has an eartag or tattoo consisting of the flockmark or herdmark of a previous keeper, an individual identification number and the letters "UK", in which case no further such eartag or tattoo may be applied.

Importation of sheep and goats into Great Britain

8.-(1) If a sheep or goat is imported from another member State into Great Britain, and when it was imported it was not marked in accordance with Council Directive 91/68/EEC and Council Directive 92/102/EEC, it shall be marked by the keeper at the holding of destination, within 36 hours of arrival on that holding, with an eartag or tattoo which-

(a)is designed so as to be legible for the life of the animal, and

(b)comprises the flockmark or herdmark of the keeper at the holding of destination and the letters "UK".

(2) If a sheep or goat is imported from Northern Ireland, the Isle of Man or the Channel Islands into Great Britain, and when it was imported it was not marked with an eartag or tattoo showing the letters "UK"and the flockmark or herdmark of a holding in Northern Ireland, the Isle of Man or the Channel Islands, it shall be marked by the keeper at the holding of destination, within 36 hours of arrival on that holding, with an eartag or tattoo which-

(a)is designed so as to be legible for the life of the animal; and

(b)shows, in the following order-

(i)the letters "UK";

(ii)the flockmark or herdmark of the keeper at the holding of destination;

(iii)in the case of an eartag only, either the letter "G", the letter "P"or the letter "S";

(iv)a number identifying the animal individually.

(3) If a sheep or goat is imported into Great Britain from outside the European Union the animal may be moved from the border inspection post where it was imported to the stated holding of destination without being marked, but within 30 days of the date of its importation (unless it is slaughtered without being moved from the holding of destination within that time), or before it is moved from the holding of destination if earlier, it shall be marked on that holding with an eartag or tattoo in the same way as is specified in the preceding paragraph.

Documentation requirements for the movement of sheep and goats within Great Britain

9.-(1) Any person moving sheep or goats from a holding in Great Britain shall ensure that the animals are accompanied by a document which-

(a)identifies the holding of departure and the holding to which they are being moved;

(b)gives the date of movement and the total number of animals being moved;

(c)gives the identification mark on the animals being moved (or, in the case of an animal being moved from a market, the lot number); and

(d)is signed by the owner of the animals or his agent

and the person moving the animals shall ensure that the document is handed to the occupier of the holding of destination.

(2) The occupier of the holding of destination shall retain the document for a period of six months after receipt.

(3) The requirement in this article shall not apply in the case of-

(a)movement between holdings where both holdings are occupied by the same person;

(b)movement between a holding and any land over which a right of pasture pertaining to that holding may be exercised in common with similar rights pertaining to other holdings;

(c)movement of an animal which is marked with an eartag or tattoo applied in accordance with this Order or in another member State in accordance with Council Directive 92/102/EEC and which is being moved to a holding which is not a market or collection centre; or

(d)movement for the purposes of veterinary treatment, dipping or shearing, or to a show if the animals are due to return to the same holding.

Marking requirements for the movement of sheep and goats within Great Britain

10.-(1) Any person moving sheep or goats from a holding in Great Britain shall ensure that the animals are marked before being moved from the holding in accordance with this article.

(2) In the case of an animal born in Great Britain it shall be marked either-

(a)in accordance with the requirements for consigning the animal for transport outside Great Britain, or

(b)with a mark which will last at least until the animal reaches its destination.

(3) In the case of an animal imported into Great Britain, it shall be marked before it is moved from a holding either with the eartag or tattoo with which it was marked when it was imported, or, if there was no such eartag or tattoo, with the eartag or tattoo used to mark it in accordance with article 8 above.

(4) This article shall not apply in the case of animals moved for the purposes of veterinary treatment, dipping or shearing or to a show which are due to return to the same holding.

Removal of identification marks

11. Except under the authority of a veterinary inspector, no person shall-

(a)remove from an animal an identification mark which has been applied or attached under this Order other than a mark applied under article 10(2)(b) above; or

(b)replace an identification mark applied or attached to an animal in accordance with those provisions otherwise than in replacement of one which has become illegible or which has been lost.

Construction of ear tags

12. No person shall attach an eartag to an animal for the purposes of marking it in compliance with this Order unless the eartag is constructed in such a way that-

(a)it does not interfere with the well-being of the animal;

(b)any alteration to it can be readily detected; and

(c)it cannot be re-used.

Production of records and documents

13. Any person who is in charge of any record or document required to be kept under this Order shall produce it to an inspector on demand (or, if it is kept in electronic form, produce a printout of it) and allow a copy to be made.

Enforcement

14. Except where otherwise expressly provided, the provisions of this Order (other than article 5, which shall be enforced by the appropriate Minister) shall be executed and enforced by the local authority.

Amendment to the Movement of Animals (Records) Order 1960

15. The Movement of Animals (Records) Order 1960(5) is hereby amended by inserting after article 2 the following provision-

"Exception

2A On and after 1st March 1996 this Order shall not apply in relation to sheep or goats.".

Explanatory Note

(This note is not part of the Order)

This Order amends the Movement of Animals (Records) Order 1960 and replaces its provisions in so far as they relate to sheep and goats (article 15). It also implements parts of Council Directive 92/102/EEC (OJ No. L 355, 5.12.92, p. 32) so far as it relates to sheep and goats.

It requires notification to the appropriate authority of the fact of any sheep or goat being kept on a holding (article 3).

It requires a keeper of sheep or goats to maintain a record of the number of animals on the holding, and their movement on or off the holding (articles 4, 5 and 6).

Sheep and goats must be marked before being moved from Great Britain (article 7) or after importation into Great Britain if they are not already marked (article 8). If they are moved between holdings in Great Britain they must be accompanied by movement documents (in certain cases) and marked (articles 9 and 10). It is an offence to remove identification marks (article 11). Ear tags must conform to specified standards (article 12). Records are required to be produced to inspectors on demand (article 13).

The Order is enforced by the local authority, except for article 5, which is enforced by the appropriate Minister (article 14).

Contravention of the Order is an offence under the Animal Health Act 1981.

A Compliance Cost Assessment for this order has been prepared and a copy placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.